Captain Deepak Kumar v. Election Commission of India

1. Present letters patent appeal has been filed challenging the order dated 30th May, 2024 passed by the learned Single Judge of this Court in W.P.(C) No.8320/2024, whereby the writ petition filed by the appellant was dismissed on the ground that the petition was replete with unsubstantiated and reckless allegations and tainted with malafides and oblique motives.

2. The appellant, who appears in person, alleges that the Prime Minister, Home Minister and Minister of Communications have taken false oaths of allegiance to the Constitution of India and they had attempted an antinational act of terrorism by attempting to kill the appellant as pilot-incommand of flight AI 459 on 08th July, 2018. He also alleges that the Prime Minister is causing the CCTV footage of simulator session on 19th October, 2019 at Central Training Establishment of Air India to be destroyed. He further alleges that the aforesaid persons have abused their power leading to social and economic boycott of the appellant.

3. He alleges that the Prime Minister and his accomplices are attempting to kill the appellant with the help of a retired Chief Justice of India and his legal accomplices. He states that the appellant’s complaint regarding his missing daughter is not being converted into an FIR.

4. This Court finds that the appellant had presented information against Air India Limited under Section 19(1)(a) of the Competition Act, 2002 before the Competition Commission of India (CCI). On 15th December, 2023, the CCI found that no evidence was placed on record by the appellant and that there seemed to exist an inter-se dispute between the appellant and Air India Limited relating to the service of the appellant. Consequently, the CCI declined to entertain the information sought by the appellant.

5. In the opinion of this Court, all the allegations in the appeal are a figment of appellant’s imagination, vague and bereft of any material particulars.

6. This Court is in agreement with the learned Single Judge that the petition is replete with unsubstantiated, disjointed, scandalous, incoherent and preposterous allegations.

7. This Court is further of the opinion that the appellant, if not suffering from delusional disorder, is certainly concocting stories. This Court offered medical help to the appellant. But the appellant insists that he is well and needs no medical help.

8. However, keeping in view the provisions of the Mental Healthcare Act, 2017 (in short ‘Act’) especially Section 100, this Court directs the local SHO to keep a watch on the appellant and, if required, may exercise his/her discretion conferred under the said Act.

9. Registry is directed to forward a copy of this order to the local SHO of the area where the appellant resides for necessary information and action.

10. With the aforesaid observations and directions, the present appeal is dismissed.

ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J JULY 03, 2024